White v. Crow

While the events above mentioned in reference to this property were happening in Colorado the supreme court of the city and county of New York, in a suit therein pending against the company on May 29, 1882, appointed a receiver, to whom, on October 23, 1882, the company, by order of the court, conveved all its property. At a sale made by the receiver about December 1, 1882, the appellant, John E. White, became the purchaser of the property of the company in Chaffee county, Colorado, and on December 5th received a deed therefor from the receiver, and on December 6th a deed from the company. At the time of his purchase White knew of the liens against and sales of the property, and that the time for redemption was about to expire. He redeemed the property from the sale to Robinson before the time for redemption expired and paid off two judgments junior to those above mentioned. He, however, failed and refused to redeem the property from the sale to Crow within the time limited for redemption. After the time had expired White offered to redeem from the Crow sale, but the appellees refused to allow the property to be redeemed. Thereupon, on February 12, 1883, the appellant, John E. White, filed the bill in this case, to which Henslee, Crow, and the above-mentioned purchasers of said judgments, and Robert Ray, the sheriff of Chaffee county were made parties. The bill prayed that Ray, the sheriff of Chaffee county, might be enjoined from making a deed to the owners of the certificate of sale issued to Joseph R. Crow, and that the certificate might be declared null and void, and that upon payment by the complainant of the amounts found due to Crow on his claim against the property he might be compelled to execute a deed of release to him for said property. The only questions controverted on the final hearing were whether or not the judgment in favor of Crow and the certificate issued upon the sale made to him should be declared void, and whether the sheriff of Chaffee county should be enjoined from making a deed to him for the property in question, and whether the owners of the judgment and lien of Crow should, upon payment thereof, execute deeds of release to the appellant for said property. The circuit court decided all these questions in the negative, and directed that the defendants in interest should repay to the complainant the sums paid by him to discharge the leins upon said property, and, upon such payment, decreed that the bill should be dismissed. This appeal brings that decree under review.

L. S. Dixon, for appellant.

John D. Pope, for appellees.

WOODS, J.